What Are My Rights if I Get Pulled Over for Suspicion of DUI in New Hampshire?

If you’re stopped on suspicion of Driving Under the Influence (DUI) in New Hampshire, what you do in those critical first moments can significantly affect the outcome of your case. Understanding and calmly asserting your rights can help protect you.

Steps to Follow When You’re Pulled Over

1. Signal and pull over safely. Use your turn signal and stop as soon as it’s safe to do so.
2. Turn off your engine. Remove the keys and place them visibly on the dashboard.
3. Roll your window halfway down. This allows for communication without fully opening your car.
4. Keep your hands visible. Place both hands on the steering wheel.
5. Stay calm and respectful. Cooperate with the officer’s basic instructions, but know your limits.

Answering Questions

You have the right to remain silent. If the officer asks whether you’ve been drinking or where you’re coming from, you do not have to answer. You can politely say:

“I prefer not to answer any questions.”

Anything you say can be used against you later in court, so avoid offering explanations or details.

Field Sobriety Tests

You are not legally required to perform field sobriety tests in New Hampshire. These tests are subjective and often used as evidence against you. Politely refuse if asked—but understand that refusal may lead to an arrest if the officer believes there’s probable cause.

Breathalyzer (Chemical) Tests

You may refuse a breath, blood, or urine test, but New Hampshire’s “Implied Consent” law means refusal carries automatic license suspension penalties:

• 180 days for a first refusal
• 2 years for a subsequent refusal within 10 years

Refusing the test can weaken the prosecution’s case but will result in an administrative license suspension through the DMV.

Providing Documents

You must provide your driver’s license, registration, and proof of insurance upon request. Failing to do so can lead to additional charges.

Getting Out of the Vehicle

You are not required to exit your vehicle unless instructed by the officer. If ordered to get out, comply calmly and safely. Do not argue or make sudden movements.

If You Are Arrested

If you are arrested for DUI in New Hampshire:

• Exercise your right to remain silent. Do not answer questions about your drinking or whereabouts.
• Ask to speak with an attorney immediately.
• Do not resist or argue. Stay polite and composed.

After your release, contact an experienced New Hampshire defense lawyer to protect your rights, challenge the evidence, and guide you through the court and DMV process.